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Child resides in TX, need change of venue from CA

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  • Child resides in TX, need change of venue from CA

    I got a real complicated one here... My son has been living with my wife and I for 5 years, ever since his mother went to jail for drugs. We had a 50/50 custody order from CA who had original jurisdiction. Mother has been in and out of jail and rehads for the entire 5 years. Now she wants to modify old CA order and force me to send my son the CA for Easter, Summer and Xmas vacations. On the surface I could live with that with some minimal modifications, however... I have a warrant in CA and will most definitely be arrested and held for 4 months for vio of probation (misdemeanor). I cant even show up for the fight. I need help with wording and knowledge of time constraints with filing for Change of Venue. The modification hearing is March 8. I cant afford an attorney and will have to file in Pro Se. My son is a great kid, 12yo straight A's and Honor Roll last 4 years. Mother just wants him with her to get section 8 housing to get out of the halfway house she's been living in for the last 6 months. I dont want any support from her,she is welcome to vist him here in TX anytime she wants as long as it doesnt interfere with his schooling. This really and truly is a case of a Dad who made some bad choices many years ago but is now really just trying to do the right things and teach his son to not do the things I done..... Any help at all will be greatly appreciated.

  • #2
    Re: Child resides in TX, need change of venue from CA

    Originally posted by TxTeamster View Post
    I got a real complicated one here... My son has been living with my wife and I for 5 years, ever since his mother went to jail for drugs. We had a 50/50 custody order from CA who had original jurisdiction. Mother has been in and out of jail and rehads for the entire 5 years. Now she wants to modify old CA order and force me to send my son the CA for Easter, Summer and Xmas vacations. On the surface I could live with that with some minimal modifications, however... I have a warrant in CA and will most definitely be arrested and held for 4 months for vio of probation (misdemeanor). I cant even show up for the fight. I need help with wording and knowledge of time constraints with filing for Change of Venue. The modification hearing is March 8. I cant afford an attorney and will have to file in Pro Se. My son is a great kid, 12yo straight A's and Honor Roll last 4 years. Mother just wants him with her to get section 8 housing to get out of the halfway house she's been living in for the last 6 months. I dont want any support from her,she is welcome to vist him here in TX anytime she wants as long as it doesnt interfere with his schooling. This really and truly is a case of a Dad who made some bad choices many years ago but is now really just trying to do the right things and teach his son to not do the things I done..... Any help at all will be greatly appreciated.

    HOME STATE OF CHILD LOOK IN TO IT 6 MONTH...

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    • #3
      Re: Child resides in TX, need change of venue from CA

      The case normally does not automatically "follow" the child. It does however go to the new county (after a petition is granted) where the child resides. You need to petition the former courts for a change of venue based on the fact that you both no longer live in the county which has jurisdiction. You will have to pay filing fees in both counties for this action (when the decision is granted to move to where the child now resides).

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